Judicial Watch Special Report:
The Benghazi Attack September 11, 2012
Analysis Further Questions from Diplomatic Security Service
Regional Security Officer and Special Agent
January 22, 2013
Judicial atch 425 Street, Suite 800 ashington, 20024
Tel: 202-646-5172 www.JudicialW atch.org info@ judicialw atch.org
Introduction
Judicial Watch promotes transparency, integrity and accountability government, politics and
the law. carry out mission through investigations, research, litigation and public education. From
time time produce Special Reports important public policy matters illuminate the operations government way that informs the public and holds our trusted public servants accountable. have prepared this Special Report with the analysis, insights and expertise Mr. Raymond
Fournier, recently retired Diplomatic Security Service Special Agent with more than thirty years
extraordinary experience managing all aspects security, include being Regional Security Officer
United States Embassies such countries as: Honduras, Sierra Leone, Belgium, and Lebanon well
other sensitive overseas postings include Afghanistan and Israel. Specifically, Mr. Fournier possesses
expertise in: assessing and managing risk; developing and executing security budgets and plans;
organizing dignitary protection details; well technical, procedural security development and
implementation augment physical security. Mr. Fournier assistance has been invaluable.
Judicial Watch has opened its own investigation the Benghazi attack. Our staff
investigators and researchers includes former intelligence officers, analysts, military officers, attorneys,
and journalists. Judicial Watch has more than ten (10) Freedom Information Act (FOIA) requests
pending with various Executive departments and agencies seeking all manner records relating the
attack. are prepared file lawsuits the United States District Court for the District Columbia
compel the Obama administration comply with the FOIA law and release the records seek. the
interim, pursue additional avenues investigation effort provide the American people with
complete, accurate, factual information concerning deadly attack costing the lives United States
Ambassador Christopher Stevens and three additional brave Americans.
Thomas Fitton
President
Washington,
January 22, 2013
Background 9:40 p.m. the evening September 11, 2012, group approximately 150 heavily armed
Islamist militia members attacked the United States diplomatic mission Benghazi, Libya. The ensuing hour assault the Special Mission Compound (SMC, and hereafter: Compound and the nearby CIA
annex claimed the lives four Americans: Ambassador Christopher Stevens, U.S. Foreign Service
Specialist Sean Smith, and former Navy SEALS Glen Doherty and Tyrone Woods. Stevens, who had
previously served the U.S. Special Envoy the Libyan Transitional National Council, was the first
Ambassador killed the line duty since the 1979 shooting Ambassador Adolph Dubs Kabul,
Afghanistan. the aftermath the attack, President Obama and senior administration officials were quick identify Muslim outrage over obscure Internet video mocking Mohammed the motivation for
the attacki. September 12th statement about the incident, the President remarked, Since our
founding, the United States has been nation that respects all faiths. reject all efforts denigrate
the religious beliefs others. September 14, 2012 event honoring the four victims, Secretary State Hilary Clinton
stated, seen the heavy assault our post Benghazi that took the lives those brave men. seen rage and violence directed American embassies over awful Internet video that had
nothing with. iii
Those Libya did not share this theory. During September 15th television interview, Libyan
President Mohamed al- Magarief observed that, clear from the timing September 11th and from
the detailed planning the attacks that behind there were experienced masterminds. was not
spontaneous act protest movie. This has been prepared for long time this specific day.
you take into account the weapons used, like RPGs and other heavy weapons, proves that was
preplanned. dirty act revenge, and has nothing with religion.
Nevertheless, top administration officials continued claim that the attack was spontaneous
and the result the video. During September 16th television interview, U.S. Ambassador the
United Nations Susan Rice infamously assessed the situation follows:
There was hateful video that was disseminated the Internet. had nothing with the
United States government and its one that find disgusting and reprehensible. Its been
offensive many, many people around the world. That sparked violence various parts the
world, including violence directed against western facilities including our embassies and
consulates. That violence absolutely unacceptable, its not response that one can ever
condone when comes such video. And have been working very closely and, indeed,
effectively with the governments the region and around the world secure our personnel,
secure our embassy, condemn the violent response this video. September 18, 2012 press conference, White House spokesman Jay Carney told reporters
that, based what knew the time, knew initially, what know now, the facts that have,
the video was precipitating cause the unrest the region and specifically Libya.
President Obama continued link the attack the video September 25th, telling his
audience the United Nations, time when anyone with cell phone can spread offensive views
around the world with the click button, the notion that can control the flow information
obsolete. The question, then, how respond? And this must agree: There speech
that justifies mindless violence. There are words that excuse the killing innocents. Theres video
that justifies attack embassy. vii
Eventually, the administration was forced acknowledge what many observers knew from the
beginning- that the attack Benghazi was neither spontaneous nor the result Internet video.
September 28th, the Office the Director National Intelligence reported that their revised
assessment had determined be, deliberate and organized terrorist attack carried out
extremists and that, some those involved were linked groups affiliated with, sympathetic al-
Qaida. viii
ARB Report/Summary Findings required the Omnibus Diplomatic and Antiterrorism Act 1986, the State Department
convened Accountability Review Board (ARB, and hereafter Board investigate the attack
October 2012.ix Secretary Clinton chose former Ambassador Thomas Pickering chair the board.
Pickering also member the advisory board the National Iranian American Council (NIAC)x, left-
wing advocacy group that opposes the imposition economic sanctions against Iran and that, the
estimation national security expert Kenneth Timmerman, has been lobbying Congress win support
for agenda that mirrors the goals the Tehran regime. 2009, former FBI counterterrorism
agent Kenneth Piernick reported that the group, may lobbying behalf Iranian government
interests. Were running the counterintelligence program the bureau now, would have cause
look into this further. xii her 2009 paper Rise the Iran Lobby, published the Center for Security Policy, former CIA
officer Clare Lopez wrote that, Ambassador Pickering positions Iran include calls for bilateral talks
without preconditions and plan for multinational uranium enrichment consortium Iran. Iran has
proposed similar plan the Security Council. Ambassador Pickering advocates process leading
mutual diplomatic relations between Iran and the United States. also cites positive experiences
tourist Iran, where recalls that ordinary Iranians the streets expressed friendliness towards
him. xiii
The other members the Board were former Chairman the Joint Chiefs Staff Admiral
Michael Mullen, former United Nations Undersecretary for Management Catherine Bertini, former State
Department Interim Director Overseas Building Operations Richard Shinnick, and former Deputy CIA
Director Hugh Turner. Despite State Department regulations requiring that Board members, must
possess expertise that will contribute the work the Board, e.g., knowledge, experience
training areas such foreign affairs, law, security, embassy construction, intelligence, and other
areas appropriate the Board work, xiv security professionals were selected the board
convened investigate the Benghazi attack. December 18th, the Board released the unclassified version its final report regarding the
attack Benghazi. The report highlights myriad failures State Department officials and contains
five key findings: The attacks were security related, involving arson, small arms and machine gun fire, and the
use RPGs, grenades, and mortars against U.S. personnel two separate facilities the SMC
and the Annex and route between them. Systemic failures and leadership and management deficiencies senior levels within two
bureaus the State Department resulted Special Mission security posture that was
inadequate for Benghazi and grossly inadequate deal with the attack that took place. Notwithstanding the proper implementation security systems and procedures and
remarkable heroism shown American personnel, those systems and the Libyan response fell
short the face series attacks that began with the sudden penetration the Special
Mission compound dozens armed attackers. Intelligence provided immediate, specific tactical warning the September attacks. Certain senior State Department officials within two bureaus demonstrated lack
proactive leadership and management ability their responses security concerns posed
Special Mission Benghazi, given the deteriorating threat environment and the lack reliable
host government protection.xv
Notably, the report contradicts the earlier claims administration officials that the attacks
resulted from protest that escalated into violence. The Board, concluded that there was protest
prior the attacks, which were unanticipated their scale and intensity.
Despite its finding that security the Compound was, grossly inadequate, that State
Department officials demonstrated lack proactive leadership and management ability, and that
systemic failures and leadership and management deficiencies led the inadequacy the security
posture the compound, the board incredibly reported that it, did not find reasonable cause
determine that any individual U.S. government employee breached his her duty.
The extent which the unclassified version the report that was released the public omits
pertinent information about the attack has also drawn congressional scrutiny. Shortly after its release,
House Oversight and Government Reform Committee Chairman Rep. Darrel Issa told reporters that
was, deeply concerned that the unclassified report omits important information the public has right know. This includes details about the perpetrators the attack Libya well the less- than-
noble reasons contributing State Department decisions deny security resources. Relevant details
that would not harm national security have been withheld and the classified report suffers from
enormous over- classification problem.xvi
Advance Warning
Congressional testimony senior State Department officials and other evidence that has come light since September demonstrate that, the months before the attack, the government had ample
reason believe that the security situation Benghazi was deteriorating rapidly. The Board report
identified specific security incidents involving the Compound, international organizations, non-
governmental organizations, and other diplomatic facilities 2012. These include bomb being thrown
over the perimeter wall the Compound April, improvised explosive device (IED) attack against
the motorcade the Special Envoy Libya, RPG attack against Red Cross facility, the
kidnappings several aid workers, and RPG attack against the British Ambassador convoy. June 2012, IED attack targeting the Compound blasted large hole its exterior wall. security
contractor the U.S. African Command presciently reported July 2012, Benghazi has seen notable
increase violence recent months, particularly against international targets. These events point
strong anti- Western sentiments among certain segments the population, the willingness Salafi-
jihadi groups the city openly engage violence against foreign targets, and their capacity carry
out these attacks. xvii addition these overt incidents, U.S. intelligence agencies issued numerous classified reports
documenting the dangerous situation Benghazi the months preceding the attack. The Senate
Committee Homeland Security and Governmental Affairs December 30, 2012 report regarding
Benghazi noted,
The Committee has reviewed dozens classified intelligence reports the evolution threats Libya which were issued between February 2011 and September 11, 2012. are precluded this report from discussing the information detail, but overall, these intelligence reports (as
the ARB similarly noted) provide clear and vivid picture rapidly deteriorating threat
environment eastern Libya one that believe should have been sufficient inform
policymakers the growing danger U.S. facilities and personnel that part the country
and the urgency them doing something about it. xviii
State Department personnel Libya were well aware the escalating violence Benghazi and
the potential threat posed the U.S. Diplomatic mission there. several occasions, our diplomats Libya requested additional security resources address the growing threat; tragically, those requests
were not honored. October 2012 letter Secretary Clinton, House Oversight and Government
Reform Committee Chairman Rep. Darrell Issa (R- CA) and Subcommittee National Security,
Homeland Defense, and Foreign Operations Chairman Rep. Jason Chaffetz (R- UT) wrote that, multiple
U.S. federal government official have confirmed the Committee that, prior the September
attack, the U.S. mission Libya made repeated requests for increased security Benghazi. The mission Libya, however, was denied these resources officials Washington. xix
The State Department was clearly aware the security situation Libya, evidenced the
fact that the danger pay allowance for diplomats stationed there was increased from percent
percent July 15, 2012.xx Nevertheless, the ARB found, the number Bureau Diplomatic
Security (DS) security staff Benghazi the day the attack and the months and weeks leading was inadequate, despite repeated requests from Special Mission Benghazi and Embassy Tripoli for
additional staffing. Board members found pervasive realization among personnel who served
Benghazi that the Special Mission was not high priority for Washington when came security-
related requests, especially those relating staffing.
Despite the self- evident fact that the security resources dedicated the Compound Benghazi
were insufficient, State Department officials continued defend their staffing decisions the
aftermath the attack. Under questioning Rep. Darrell Issa during House Oversight and
Government Reform Committee hearing investigating the attack, State Department Deputy Assistant
Secretary for International Programs Charlene Lamb asserted, had the correct number assets
Benghazi the time 9/11. xxi According published reports, the Regional Security Officer Libya,
Eric Nordstrom, told Congressional investigators that Lamb, wanted keep the number U.S.
security personnel Benghazi artificially low. xxii
Fallout
The day after the release the Board report, numerous media outlets reported that four
State Department officials responsible for the management and security the Compound Benghazi
had resigned. Three were identified Assistant Secretary State Eric Boswell, Charlene Lamb, and
Deputy Assistant Secretary State Raymond Maxwell.xxiii the weeks that followed, however,
became unclear whether the officials had really resigned even faced any significant disciplinary
measures. December 26th, the New York Post reported that, The highest- ranking official caught the scandal, Assistant Secretary State Eric Boswell, has not resigned from government service,
officials said last week. just switching desks. And the other three are simply administrative leave
and are expected back.xxiv
The uncertainty over the situation has outraged least one member Congress. the day
the Posts report, House Foreign Affairs Committee Chairwoman Rep. Ileana Ros- Lehtinen (R- FL) told
reporters, State Department officials proclaimed the world that heads would roll after the deception
related the deceitful video excuse and the non- existent spontaneous protest outside the consulate.
Now see that the discipline lie and all that has happened the shuffling the deck chairs.xxv
The State Department has given only vague and evasive descriptions the officials current
status, reporting that Boswell had resigned Assistant Secretary Diplomatic Security but declining
comment his current duties. According State Department spokesman, The Secretary has
accepted Eric Boswells decision resign Assistant Secretary for Diplomatic Security, effective
immediately. The other three individuals have been relieved their current duties. All four individuals
have been placed administrative leave pending further action.xxvi
Additional Questions Raised
The degree which State Department officials are guilty the systemic failures and
leadership and management deficiencies Benghazi just one the unresolved issues regarding the
event. According analysis conducted exclusively for Judicial Watch former State Department
Diplomatic Security Special Agent Raymond Fournier, the Board report leaves number critical
questions unanswered. Who the Department State was responsible for opening and continuing the operation the
Special Mission Compound the unstable environment Benghazi, overriding physical security
standards for diplomatic facilities? Special Agent Fourniers assessment, the most critical error leading the deadly attack
Benghazi was, the Departments unexplained decision create new category diplomatic structure,
i.e. the Special Mission Compound, for the purpose of, skirting the established physical security
standards for embassies and consulates around the world. describes the level security the
Compound as, meeting slightly exceeding the established security standards for residence (not
diplomatic mission workplace) high critical threat environment.
Diplomatic personnel Benghazi were apparently aware these shortcomings. August 16,
2012 cable summarizing emergency meeting held the previous day reported that the State
Departments Regional Security Officer, expressed concerns with the ability defend Post the event coordinated attack due limited manpower, security measures, weapons capabilities, host nation
support, and the overall size the compoundxxvii
The unique designation our diplomatic outpost Benghazi and the inadequate security
posture that designation allowed posed unique concerns with regard the safeguarding classified
information. Fournier notes that, one can reasonably assume that the Compound contained classified
documents and/or classified communications equipment. However, self- evident that the
Compound failed meet security standards required all diplomatic facilities regarding the minimum
stand- off time required for cleared American staff destroy classified holdings and equipment. The
Board report contains details regarding the classified documents and equipment that may have been
lost during the attack.
Regarding the consequences the unique SMC designation applied the Compound
Benghazi, the Board report notes that,
Another key driver behind the weak security platform Benghazi was the decision treat
Benghazi temporary, residential facility. even though was also full time office facility.
This resulted the Special Mission Compound being excepted from office facility standards and
accountability. comprehensive upgrade and risk- mitigation plan did not exist, nor was there comprehensive security review conducted Washington for Benghazi 2012. The unique
circumstances surrounding the creation the mission Benghazi temporary mission
outside the realm permanent diplomatic posts resulted significant disconnects and support
gaps.
Because the Benghazi mission appears have been designated SMC something
anomalous amongst the Departments inventory approximately 285 embassies and consulates
worldwide- for the purpose evading appropriate security protocols, the question what State
Department official authorized the leasing the house utilized the Compound critically
important. The Board reported that State Department Undersecretary for Management Patrick
Kennedy, approved one year continuation the U.S. Special Mission Benghazi December 2011. Fournier points out, however,
the Board failed identify the person persons within the Department responsible for leasing
the unsecured house otherwise known SMC Benghazi the first place, i.e., before its
operation was continued December 2011. Arguably the organizational entity within the
department that had the authority continue the U.S. Mission Benghazi was the same entity
that initiated the mission leasing the house. review the Departments organizational
chart reflects that the Undersecretary for Management has the Bureau Diplomatic Security
and the Bureau Overseas Buildings under its authority. Therefore, can reasonably assume
that Undersecretary Kennedy approved the initial lease.
Fournier also questions the Departments decision depart from accepted practice
contracting with local militia group loosely connected central government forces provide
security for the Compound. The militia, February Martyrs Brigade, had been one several militias
that participated the overthrow the Qaddafi regime. This, according Fournier, led Department
officials use old paradigm, enemys enemy friend, trust the February Martyrs
Brigade protect American lives and property. During the attack, however, the militia members
failed respond repeated calls for assistance. Did the Director Diplomatic Security his immediate subordinates have authority countermand
the Department desire open SMC Benghazi? noted, the decision lease the Compound Benghazi and the approving authority for
security and staffing decisions was Undersecretary Kennedy. What remains unknown, however,
whether security professionals within the State Department advised against this action; what their initial
recommendations for appropriate security measures were; the extent which Department
management took those recommendations under advisement; and, whether the Director Diplomatic
Security had the authority prevent the opening the Compound.
After almost two decades Diplomatic Security Agent, Fournier identifies systemic cultural
problems within the Department that hinder the efforts the security professionals keep our
diplomats safe: far- reaching idea touched upon the Board report suggested that the Department
reexamine reorganization with emphasis span control for security policy planning
for all overseas U.S. diplomatic facilities. Although good recommendation matter
academic discussion, the reality that the Department has historically not seen equal
partners the day- to- day pursuit diplomacy. Frequently, security policy and standards are set
aside inconvenient, restraining, time- consuming simply less important relative loftier
foreign policy goals prosecuted the Departments elite. One need further than Benghazi see example the aforementioned managerial arrogance within the Department. Why did Ambassador Stevens travel Benghazi, close the anniversary the September 11,
2001 attacks? noted above, the extreme risk anti- Western violence Benghazi was well know State
Department officials the months before September 11th. July 18, 2012 worldwide travel caution
advisory the Department reported that, Credible information indicates terrorist groups also seek
continue attacks against U.S. interests the Middle East and North Africa.xxviii August 27th, the
Department issued travel warning specific Libya that read part, The Department State warns
U.S. citizens against all but essential travel Libya. Political violence the form assassinations and
vehicle bombs has increased both Benghazi and Tripoli.xxix And, course, the Department was well
aware the increased threat terrorist activity significant anniversary dates. The travel warning
issued advance September 11, 2011 noted that, U.S. citizens should aware that al- Qaeda
affiliates and allies have demonstrated the intent and capability carry out attacks against the United
States and our interests around the world. the past, terrorist organizations have occasion planned
their attacks coincide with significant dates the calendar.xxx this context, the decision for Ambassador Stevens travel Benghazi that date seems
odd. According the Board report, his travel was, timed part fill the staffing gaps between TDY
[temporary duty] principal officers well open American Corner local school and
reconnect with local contacts. also known that the Ambassador met with the Turkish Consul
General Ali Sait Akin the evening the attack. The purpose that meeting has not been disclosed. October, Fox News reported that Stevens, was Benghazi negotiate weapons transfer, effort get SA- missiles out the hands Libya- based extremists.xxxi
Some experts believe that the Ambassadors work Benghazi may have been related
Administration efforts transfer arms Syrian opposition groups. former Deputy Assistant
Secretary State and President the Center for Security Policy Frank Gaffney wrote, One the
places Libya most awash with weapons the most dangerous hands Benghazi. now appears
that Stevens was there particularly risky day, with security speak and despite now
copiously documented concerns about his own safety and that his subordinates for another
priority mission: sending arms recovered from the former regime stocks the opposition Syria.xxxii Former CIA Officer Clare Lopez has characterized U.S. activities Benghazi gun
running and reported that Administration officials were, working with the very same al- Qaeda linked
relationships Libya gather and buy back and collect weapons from Gaddafis stockpile that were
missing from the revolution Libya last year and what looks like that they were shipping them
onwards Syria.xxxiii
Further substantiating the theory that the Obama administration was involved arms transfers Syrian groups Times London report published September 14, 2012, Syrian Rebels Squabble
Over Weapons Biggest Shipload Arrives from Libya. xxxiv According the report: Among more than
400 tonnes cargo the vessel was carrying were SAM- surface- to- air anti- aircraft missiles and rocket-
propelled grenades (RPGs), which Syrian sources said could game- changer for the rebels. The
connection Benghazi was established The Times through examination the ship port
authority papers, The Times was shown the Libyan ship, The Intisaar The Victory, the Turkish port Iskenderun and papers stamped the port authority the ship captain, Omar Mousaeeb, Libyan
from Benghazi and the head organisation called the Libyan National Council for Relief and Support,
which supporting the Syrian uprising. Why were two unmanned aerial vehicles requested record the deadly events they unfolded
Benghazi while more lethal air support options were not station?
According the Board report, United States Africa Command (AFRICOM) deployed two
unmanned aerial vehicles survey the events Benghazi one the Compound and the other the
airport during the evacuation American personnel. However, the report gives description the
images captured the UAVs. addition, the involvement AFRICOM the response raises the
important question why lethal air support other military assets were not deployed response
the attack.
According the Department Defense, there was not sufficient time deploy resources
Benghazi once the attack began. addition, Secretary Defense Leon Panetta later claimed that
officials lacked sufficient real- time information about the situation commit troops, saying, You dont
deploy forces into harms way without knowing whats going on.xxxv
Conclusion the Boards report makes clear, the September 11, 2012 attack Benghazi resulted from
wide range strategic and tactical failures State Department officials. Chief among them were the
fateful decision circumvent established security regulations designating the diplomatic post
Benghazi Special Mission Compound, ignoring repeated requests for additional security resources
Diplomatic Security personnel the ground, and entrusting the security the Compound local
militia group with suspected ties radical Islamists. Special Agent Fournier notes his assessment the tragedy, there were also long- standing cultural problems within the Department State that
hinder the ability Diplomatic Security agents adequately protect our diplomats overseas.
Even after the Board report and separate investigations the House Oversight and
Government Reform and Senate Homeland Security and Governmental Affairs committees, numerous
questions remain:
Who the State Department authorized the lease the house utilized mission
facility Benghazi?
What input from the Bureau Diplomatic Security did the authorizing State
Department official receive, and was that input acted upon?
Have the officials responsible for the systemic failures and leadership and
management deficiencies identified the Board been disciplined, and what
positions, any, they now hold the State Department?
What was the purpose Ambassador Stevens travel Benghazi the
anniversary the worst terror attack American history? the administration involved transporting weapons from Libya Syrian
opposition forces?
Hopefully, Secretary Clinton will forthcoming addressing these issues during her scheduled
Congressional testimony.
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